We provide Litigation Law advice you can trust. Need assistance with Court Proceedings, Mediation or Conflict Resolution? Speak to a Litigation Lawyer today.

If you phone, email or skype, or can find your way to Glen Waverley in the eastern suburbs of Melbourne, you will find Accredited Business Law Specialists and expert Litigation Lawyers to lend you a helping hand.

In the meantime, here’s some useful information to assist you:

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A Litigator is one of the most popular (and most feared) legal roles. Litigators are what a lot of people picture when they think of the stereotypical Lawyer: a Lawyer who spends a great deal of time in the courtroom and files lawsuits.

The term “litigate” derives from a Latin term which means “to drive a lawsuit”. The title “Litigator” describes one who moves a lawsuit through the judicial (or court) process. It is a Legal Practitioner/Lawyer who assists clients in preparing and trying the lawsuits in which they are involved.

Commercial litigation involves virtually every type of dispute that can arise in the business context. This includes breach of contract cases, partnership or joint venture disputes, shareholder issues, misleading and deceptive conduct, unconscionable conduct, breach of trust, breach of confidentiality, restrictive trade practices, building disputes (domestic and commercial), planning and environment matters, tenancy disputes (residential, retail and commercial), debt recovery matters and more.

If a dispute needs to be heard before a court or tribunal, then we will provide you with representation that is second-to-none, either having one of our own Lawyers appear or, where appropriate, briefing Barristers to appear (being Lawyers who are in court all day, every day).

Many Victorian laws either allow or in fact require you to commence proceedings for certain types of disputes in the Victorian Civil and Administrative Tribunal (‘VCAT’). There is typically no monetary limit and sometimes claims worth millions of dollars are heard in VCAT.

Generally legal representatives must seek leave to appear on your behalf and parties to the proceeding must bear their own costs. If the claim is for $10,000.00 or less, then Lawyers generally cannot appear on behalf of parties.

Whilst VCAT was intended to be a less formal Tribunal than the State courts, it is still bound by the VCAT Act and Rules, as well as the laws of the State, which can be complicated. Accordingly, if you are involved in a dispute which needs to be resolved by VCAT, you should obtain professional legal advice.

The Magistrates, County and Supreme Courts each have different procedures and it is important to think about which Court will be best suited to deal with the particular type of claim you are making. Most claims for less than $100,000.00 should be brought in the Magistrates Court.

It is important to remember that there are certain types of claims that can only be issued in a particular Court or Tribunal. For example, a claim relating to a retail leases dispute must be issued in the Victorian Civil and Administrative Tribunal (“VCAT”). If a claim is issued in the wrong court or tribunal, it may be stayed or struck out, which would mean you would have to start again somewhere else. You would also commonly have to pay your opponent’s costs.

If you are in a situation where you believe legal action is required to recover a debt, you should obtain professional legal advice.

Are you in a legal dispute with someone? There’s a good chance your dispute will be resolved through a mediation with the other side. We all know the threat ‘I’ll see you in Court’. Nowadays, all courts and tribunals generally require parties to mediate or participate in mediation or some similar form of alternative dispute resolution before the matter can proceed to trial. So while it lacks the same force, in most cases it would be more realistic to say ‘I’ll see you at mediation.’

Benefits of going to Court

Commencing litigation may be necessary to bring the other side to the table.

Issuing court proceedings can strengthen your bargaining position, as there’s significant more impetus to come to an agreement when the next step is a trial.

Getting a court to decide your case is definitely one way of resolving a dispute.

The vast majority of litigation commenced in Court will never reach a final hearing. Most cases will settle beforehand, with the parties coming up with their own solution to their dispute. Commonly, that will be a commercial solution, regardless of legal strengths and weaknesses. This often results in the parties being able to maintain ongoing business relationships, which is rarely the case at the end of hard-fought court proceedings.

Often, it’s just too uncertain and costly (refer to our article on Court Costs) to leave the final decision to a judge, magistrate or tribunal member.

Tips to making the right decision

A court or tribunal hearing might be necessary or preferred, but mediation is another option for trying to resolve disputes. Obtain quality legal advice.

If you have a dispute about land or goods that you co-own with one of more other people, Part IV of the Property Law Act 1958 (Vic) (“the PLA”) provides a resolution process for most disputes. If your dispute arises out of a marriage, a domestic relationship, a (business) partnership, or provision to family members under a will, you will not be able to use the procedure set out in the PLA.

For all other co-ownership claims, VCAT is the tribunal in which proceedings must generally be commenced. If one co-owner wants the property sold, then generally VCAT will ultimately order a sale of the property and division of sale, although a physical division of the property is possible in certain circumstances. In order to obtain such orders, you will generally need a copy of the certificate of title and a sworn valuation.

Navigating your way through a co-ownership claim can be difficult. Whilst legal representation at VCAT is generally not allowed without leave of VCAT or consent of the other party, leave is frequently granted where the co-ownership dispute involves land or goods of a significant value.

When it comes to providing advice with Court Proceedings, Mediation or Conflict Resolution, we are:On Your Side
Here is what some of our very satisfied clients who have instructed us in relation to their disputes have said:

“Impressed with quality of service and friendliness and happy to continue professional relationship with Sharrock Pitman Legal.”

“My whole case was very stressful. Both my lawyers were great in easing my mind on occasions, and for that I am very thankful.”

“I am very grateful for the care and attention that was given to my daughter’s case, and the speedy way in which everything was handled. It is very difficult to find someone that actually cares about the people that are involved and not just the bottom line. Thank you again.”

“My lawyer was very helpful & sensitive and I would have no hesitation in recommending him to others.”